자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a person holding a Class 1 ordinary and Class 2 ordinary driver’s license (B).
B. On May 13, 2014, at around 22:48, the Plaintiff, while under the influence of alcohol with a blood alcohol content of 0.078%, passed through a road front of the E farm in D at the time of a third-party operation of the C-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-A-
C. On June 19, 2014, the Defendant imposed a total of 100 points for driving under the influence of alcohol, 10 points for breach of safety duty, and 125 points for non-compliance with the measures after the accident, and issued a notice for the Plaintiff’s total of 125 points for non-compliance with the measures after the accident, and issued the instant disposition revoking the Plaintiff’s driver’s license in accordance with Article 93(2) of the Road Traffic Act on the ground that the Plaintiff’s given notice for the recent one year period
The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but was dismissed on July 22, 2014.
E. Meanwhile, on March 29, 2011, the Plaintiff is driving under the influence of alcohol with a blood alcohol content of 0.092% on the other hand.
The driver's license has been subject to disposition of suspension.
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-5, Eul evidence Nos. 1-11, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) As the point of points 15 points for escape after the cause of traffic accident includes an assessment of traffic accident, imposing penalty points for breach of safety duty separately constitutes double punishment is illegal. The Plaintiff’s ground of appeal is unlawful. (2) The Plaintiff cutting down below right knee and lives dependent on his/her will and depend on his/her will (class 3), and the Plaintiff is obliged to drive his/her driver’s license for his/her business in the course of operating the F agency before Han River-gu. As such, when the instant disposition is revoked, the Plaintiff will lose means of livelihood as well as his/her daily life.